Residential pools/spa barriers

Every residential pool (includes spa pools) that are filled or partly filled with water must have physical barriers that restrict access to the pool by unsupervised children under 5 years of age.

The following persons are responsible for ensuring fences and/or barriers remain compliant and safe for young children safe (see section 162C Building Act 2004):

• the owner of the pool
• the pool operator
• the owner of the land on which the pool is situated
• the occupier of the property in or on which the pool is situated
• if the pool is subject to a hire purchase agreement (as that term is defined in the Income Tax Act 2007), the purchaser of the pool
• if the pool is on premises that are not subject to a tenancy under the Residential Tenancies Act 1986 but the pool is subject to a lease or is part of premises subject to a lease, the lessee of the pool or the premises.

Owners are also required to let the DCC know if changes happen to the barrier and/or fencing.

Please use our pool safety check list below to ensure your pool is safe.

Inspections by the DCC

Before the three yearly inspection anniversary, we will notify you approximately four weeks prior with a proposed date and time. If the date and time is not suitable please contact us to arrange an alternative.

Inspections by a Registered Independently Qualified Pool Inspector (IQPI)

Alternatively you can arrange to have an inspection by an IQPI (external link, new window). The IQPI will issue a certificate of periodic inspection certifying the pool barrier and/or fence complies.

If you arrange an IQPI, please advise us by emailing complianceteam@dcc.govt.nz and provide a copy of the certificate of periodic inspection for our records prior to the three yearly inspection anniversary.

To find an IQPI visit the register here (external link, new window).

If the barriers do not comply, the IQPI must within three working days of the inspection advise the DCC. The DCC will then issue you with a notice to fix (NTF) providing you with time to fix the issue/s. A re-inspection by either an IQPI or the DCC will be required to ensure the issue/s have been resolved.

Note fees for the DCC issuing a NTF and re-inspection are applicable.

Cost of inspections or issuing notices

The charges for DCC undertaking the inspection or issuing notices can be found here (new window). Payment can be made by cash, EFTPOS, internet banking or credit card.

Following an inspection

The inspection in the DCC records will be noted as compliant, non-compliant or pool monitoring – no longer required.

Compliant:

Other than paying the fees, no further action is required for the next three years unless you make changes.

Non-Compliant:

You will be issued with a notice to fix providing you with time to fix the issue/s. At the same time we will book a re-inspection.

If the inspector thinks the site is dangerous, a dangerous notice will be issued

Pool monitoring no longer required:

Other than paying the fees, no further action is required.

Unable to undertake the inspection

If we come to your property at the arranged date/time and cannot gain access to the pool area, you will still be charged for the site visit and another date/time will need to be booked and further fees will apply.

Filling a pool

When filling your pool, you must have a backflow prevention device fitted to prevent contamination of our water supply.

Backflow preventers fit into the pipe or hose system used to fill the pool and stop water from the pool being sucked back into the pipe or hose.

There are four basic types of devices that can be used:

• Air gaps
• Vacuum breakers, both atmospheric and pressure type
• Double check valve assemblies
• Reduced pressure zone devices.

For hose-filled pools, the most commonly used is the hose connection vacuum breaker, which fit between your hose tap and hose.

You can get more information about what is best for you from your pool supplier or local plumbing merchant.

Emptying a pool

It is very important to empty your swimming pool into the foul drain system rather than into the gutter. The gutter will take your pool's water into the storm-water system which goes directly to the nearest natural water body. The chlorine and other chemicals in your pool can have a potentially devastating and cumulative effect on our water supply, flora and fauna.

If you have an in-ground pool, you may need to take precautionary measures before you empty the pool if the groundwater table is high or of concern in your area.

In rural areas pools can be emptied directly to the ground. Please do not empty the pool into a water course or septic tank system.

If you have questions about any of these matters, contact us on 03 477 4000 or email complianceteam@dcc.govt.nz and we can talk you through them.

Note this checklist is not exhaustive list, refer to the Ministries guidance below and building code clause F9 - Restricting access to residential pool (external link, new window) for further details around dimensions and requirements to maintain the safety requirements to your pool area.

Pool barriers:

• must restrict access to the pool and the immediate pool area
• must be at least 1.2m in height above the ground and any permanent projection (for example, steps, retaining walls, raised gardens, etc) or object placed on the ground outside and within 1.2m of the barrier
• must have no climbable features on the outside of the barrier (or adjoining barrier) that could be used for climbing unless they are spaced at least 900mm apart
• must not have any gaps that exceed 100mm in or under it, including pet doors.

Trellis or mesh fencing around the pool:

• higher than 1.8m must have openings 35mm or less, or be fitted with a protective cover
• with height between 1.2m - 1.8m must have openings 10mm or less, or be fitted with a protective cover.

Ensure there are no trees that could assist young children climbing the fence.

External removable ladders must be disabled or removed after use. For pools installed after 1 January 2017, ladders are not allowed unless they are surrounded by a complying barrier and gate.

If your pool barrier features a building or boundary fence, see the Other structures used as a pool barrier section below.

Pool gates

Gates into the pool area must:

• open away from the pool area
• self-close and self-latch unaided from any position with a stationary start
• comply with the rules for barriers under building code clause F9 (external link, new window).

The gate latch must be:

• a minimum of 1.5m above the ground and any objects within 1.2m of the barrier, if accessible from the outside of the barrier
• inaccessible from the outside except by reaching at least 1.2m if mounted on the inside of the gate
• for pools installed from 1 January 2017, if the latch is accessible only by reaching over the gate, it must be set at least 150mm from the top or be shielded.

If the latch is accessible only by reaching over the gate, it must be set at least 150mm from the top or be shielded.

Small heated spa pools and hot tubs

Your small heated pool does not need an inspection every three years if it meets the following criteria:

• a water surface area of 5 square metres or less
• 760mm high unclimbable sides (including no steps) where the top surface of every wall of the pool is at all points not less than 760 mm above the adjacent floor or ground
• a complying lockable lid, that must;
  • be capable of supporting 20kg of weight at its centre
  • have hold-down straps and fasteners capable of fixing the cover in place so there is no opening greater than 100mm
  • fasteners should have a minimum main width of 33mm
  • have a prominently displayed hazard warning notice - for example: "WARNING: This spa pool cover must be kept locked except when under adult supervision"
  • be constructed with a slope from the centre to the outside to prevent water collecting on top.

Exemption from pool fencing requirements 

Exemptions are no longer available but under the Building Act there is provision to apply for a waiver or modification (external link, new window) as part of your building consent process.

If you plan to use a building to form part of the pool barrier, all windows and doors leading out into the pool area, must comply with building code clause F9 (external link, new window).

You can demonstrate compliance with this requirement in several of ways, either:

• with acceptable solutions F9/AS1 and F9/AS2 (external link, new window) or,
• with an alternative solution (external link, new window).

If your proposed pool is less than 1m from the boundary fence, you may have to propose an alternative solution to comply.

You do not need a building consent to remove or demolish a residential or small heated pool. If you want to remove your in-ground pool you need to ensure the backfill is properly compacted. If you want to keep the pool and backfill it, punch a hole in the base to allow water to drain and then compact it.

To let us know that you have removed or demolished your pool you need to:

• contact us requesting we remove the pool from the register - complianceteam@dcc.govt.nz
• include a photo showing where the pool was and if possible what it originally looked like.

We can then remove your pool from our swimming pool register and suspend future inspections.

For any enquiries relating to pool barriers please contact us by:

• Email - complianceteam@dcc.govt.nz
• Phone - 03 477 4000